RICHARD H. WARNER, INDIVIDUALLY, AND AS GUARDIAN OF MARY DOROTHY WARNER, AN INCAPACITATED PERSON, CLAIMANT- V STATE OF

RICHARD H. WARNER, INDIVIDUALLY, AND AS GUARDIAN OF MARY DOROTHY WARNER, AN INCAPACITATED PERSON, CLAIMANT- V STATE OF

Motion No: 1104-18

Slip Opinion No: 2019 NY Slip Op 62707(U)

Decided on February 1, 2019

Appellate Division, Fourth Department, Motion Decision

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This motion is uncorrected and is not subject to publication in the Official Reports.

February 1, 2019

PRESENT: CENTRA, J.P., LINDLEY, DEJOSEPH, NEMOYER, AND WINSLOW, JJ.

MOTION NO. 1104-18
DOCKET NO. CA 17-02002
MOTION NO. 1105-18
DOCKET NO. CA 17-02003
MOTION NO. 1106-18
DOCKET NO. CA 17-02004

RICHARD H. WARNER, INDIVIDUALLY, AND AS GUARDIAN OF
MARY DOROTHY WARNER, AN INCAPACITATED PERSON,
CLAIMANT-APPELLANT,
V
STATE OF NEW YORK, DEFENDANT-RESPONDENT.
(CLAIM NO. 098768.)
(APPEAL NO. 1.)
RICHARD H. WARNER, AS EXECUTOR OF THE ESTATE
OF MARY DOROTHY WARNER, DECEASED,
CLAIMANT-APPELLANT,
V
STATE OF NEW YORK, DEFENDANT-RESPONDENT.
(CLAIM NO. 105712.)
(APPEAL NO. 2.)
RICHARD H. WARNER, INDIVIDUALLY, AND AS GUARDIAN OF
MARY DOROTHY WARNER, AN INCAPACITATED PERSON,
CLAIMANT-APPELLANT,
V
STATE OF NEW YORK, DEFENDANT-RESPONDENT.
(CLAIM NO. 098768.)

RICHARD H. WARNER, AS EXECUTOR OF THE ESTATE OF
MARY DOROTHY WARNER, DECEASED, CLAIMANT-APPELLANT,
V
STATE OF NEW YORK, DEFENDANT-RESPONDENT.
(CLAIM NO. 105712.)
(APPEAL NO. 3.)

Appellant having moved for reargument of or, in the alternative, leave to appeal to the Court of Appeals from the orders of this Court entered November 9, 2018,

Now, upon reading and filing the affidavit of Edward C. Cosgrove, Esq., sworn to December 18, 2018, and the notice of motion with proof of service thereof, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is denied.

Entered: February 1, 2019

Mark W. Bennett, Clerk